RAM NEEDLE BEARING LIMITED Vs. STATE OF BIHAR

JUDGEMENT

(1.) The crux of dispute in this writ applications is the authorisation of the State Government vide Annexure -1 of the Assistant Lab6ur Commissioner, Ranchi, (respondent No. 5) to lodge criminal prosecution against the petitioner -Company for violation of conditions of service of the employees of the petitioner company during the pendency of a conciliation proceeding before the Labour Court under Section 33 of the Industrial Disputes Act, 1947 (the Act)

(2.) The facts of the case are required to be stated in brief for proper appreciation of the legal implications of the Act in question.

(3.) The petitioner company is an Industry situated at Ratu in the district of Ranchi for manufacturing the Needle Bearing and it has got about 150 workmen. Shriram Bearing Limited is Anr. sister organization which is situated at Ranchi for manufacturing Ban Bearing. The organisations mentioned above are situated side by side but they have no concern with each other regarding their administration and other matters as they are two distinct organisations and they have got totally separate entity. On this point, there is no dispute but Shriram Bearing Karamchani Sangh, a Union registered have got jurisdiction extended to the petitioner Company also. There were other two Unions, namely, Bharat Ball Bearing Karamchari Sangh and Shriram Bearing Karamchari Sangh, but those Unions, according to the petitioners, have got no membership in the organisation of the petitioners. Some demand was raised by the Employees Union of the petitioner Company as mentioned above and on the basis of that charter of demands the Government of Bihar, vide Notification No. 278 dated March 8, 1978 referred the dispute for adjudication to the Industrial Tribunals, Ranchi, and the same has been registered as Case No. Ref.8/88 and the same is pending for hearing before the Presiding Officer, Industrial Tribunal, Ranchi. It has further been asserted that the incentive scheme and the production bonus scheme were first introduced in the petitioner Company on March 31, 1987. After those schemes were introduced in the petitioner company, there have been several negotiations with the Shriram Bearing Kargmchari Sangh and there was a settlement reached in respect of those schemes. Similar settlements were also arrived at in the sister concern, namely, Shriram Ball Bearing Company after me reference was made before the presiding officer, Industrial Tribunal, Ranchi, as mentioned above and as being dissatisfied, the employees of that sister concern have filed a complaint before the Industrials Tribunal, Ranchi, under Section 33-A of the Act, but no such complaint has been filed by the employees of the petitioner company as the employees were very much satisfied with the change of production bonus and incentive given to the employees, but on a wrong appreciation of facts, a report was filed by the Joint Commissioner before the Governor of Bihar and on the basis of the same, the Assistant Labour Commissioner, Ranchi, (respondent No. 5) has been authorised by Annexure-1 to file a complaint under Section 33 of the Act.